DUI Cases Under Scrutiny in Florida

St. Petersburg Criminal Attorney and Former State Prosecutor Melinda Morris of the Morris Law Firm discusses a recent DUI case that may serve to put other DUI cases into question.

Issue:

A recent Hernando County Florida case sheds light onto the potential issues with DUI cases that may benefit DUI defendants.

In this case, under questioning by the defense attorney, a Hernando County breath test operator testified that a security breach may have violated Florida Administrative Code regarding the fact that evidentiary breath test instruments must only be accessible to those licensed by the state.  The Administrative Rule is in place to protect the chain of evidence in DUI cases.

The breath test operator testified that on numerous occasions Hernando County Sheriff’s deputies had entered the office and tampered with the breath test instruments and opened and viewed breath test evidence.  The issue was apparently so egregious that the breath test operator decided to resign because she could no longer sign the breath test affidavits in good faith.

Why This Matters To You:

Based on the above case, there is a possibility that many previous DUI cases in Hernando County could be called into question.  It is also possible that until the issues related to the security of the breath test machine are resolved that Hernando County judges may not allow breath test results to be admitted as evidence.

On a larger scale, this situation serves to underscore the importance of properly investigating and reviewing DUI evidence.  An experienced DUI Defense Attorney should appropriately review and aggressively call into question the State’s evidence against a DUI defendant including any chain of evidence issues identified.

By identifying weaknesses and procedural issues in the State’s case, there is a greater opportunity that a DUI case may be resolved successfully for the defendant.


What To Do Next:

If you have been arrested for DUI or other drug related crimes contact a St. Petersburg DUI Attorney to discuss possible defenses and specific strategies that may exist in your case.  Call the Morris Law Firm at 727-388-4736 to discuss your case directly with an attorney, or fill out our Online Form to be contacted for a Free Initial Consultation.  The Morris Law Firm can help and has specific knowledge and experience in defending DUI offenders throughout Pinellas County and the entire Tampa Bay, FL Area (St. Petersburg, Clearwater, Tampa, Hillsborough, Pasco, Bradenton, Manatee, and Sarasota).

Florida Juveniles Tried as Adults

St. Petersburg Criminal Attorney and Former State Prosecutor Melinda Morris of the Morris Law Firm discusses why juveniles may be tried as adults.

Issue:

A recent Tampa, Florida case highlights how and why juvenile criminal defendants may be tried as adults.

Jared Cano, a 17-year-old accused of plotting to bomb his high school will be tried as an adult.  In this case, the State Attorney’s Office determined that based on the evidence, interviews, and surrounding facts that adult charges were warranted.

While in this case it may be justified, there are many other examples where the decision to try a juvenile as an adult may be called into question.




Why This Matters To You:

The State Attorney’s Office ultimately makes the decision on whether or not to try a juvenile as an adult.  The decision is usually made based on the type of crime, facts surrounding the case, as well as the prior record of the juvenile in question.  When a juvenile is tried as an adult, he or she faces much greater potential punishments than those for juvenile crimes, and if convicted, a permanent adult criminal record.  Additionally, certain pre-trial intervention programs traditionally available to juvenile defendants may not be available to those tried as an adult.

In some cases, a Juvenile Criminal Defense Attorney can negotiate with the State Attorney’s Office to ensure that the defendant is tried as a juvenile.  This is important to avoid a potential adult criminal record, and the enhanced punishments that typically face adult defendants.  An experienced Juvenile Criminal Defense Attorney can use the facts of the case as well as the juvenile defendant’s prior history and school record to avoid the State Attorney’s Office attempting to charge the defendant as an adult.

As is true with all juvenile criminal cases, early intervention and discussions with the State Attorney’s Office by a Juvenile Criminal Defense Attorney are important to adequately protect the rights of the juvenile defendant.


What To Do Next:

If your child has been charged with a crime, contact a St. Petersburg Juvenile Crimes Attorney to discuss possible defenses and specific strategies that may exist in your child’s case.  Call the Morris Law Firm at 727-388-4736 to discuss your child’s case directly with an attorney, or fill out our Online Form to be contacted for a Free Initial Consultation.  The Morris Law Firm can help and has specific knowledge and experience in Juvenile crimes and representing First Time Criminal Offenders throughout Pinellas County and the entire Tampa Bay, FL Area (St. Petersburg, Clearwater, Tampa, Hillsborough, Pasco, Bradenton, Manatee, and Sarasota).